WORK OUTLINE

INTRODUCTION
 The meaning of Court Martial.
 The meaning of Ward Tribunal.
 The meaning of District Land and Housing Tribunal.
 The meaning of Environmental Appeals Tribunal.
 The meaning of Fair Competition Tribunal.
MAIN BODY
 The Establishment, Power, Composition and Procedures of Court Martial.
 The Establishment, Power, Composition and Procedures of Ward Tribunal.
 The Establishment, Power, Composition and Procedures of District Land and Housing
Tribunal.
 The Establishment, Power, Composition and Procedures of Environmental Appeals
Tribunal.
 The Establishment, Power, Composition and Procedures of Fair Competition Tribunal.
CONCLUSION
 The role played by the Court Martial, Ward Tribunal, District Land and Housing
Tribunal, Environmental Appeals Tribunal and Fair Competition Tribunal with critique.
INTRODUCTION
Court-Martial; includes a General Court-Martial, a Disciplinary Court-Martial and a Standing
Court-Martial
Ward Tribunal; is a tribunal for every ward in Tanzania to be known as the Ward Tribunal for
the ward for which it is established:
District Land and Housing Tribunal; in each district, region or zone, as the case may be, a
court to be known as the District Land and Housing Tribunal.
Environmental Appeals Tribunal; is the court established under section 204 of the
Environmental Management Act,2004.
Fair Competition Tribunal; means the Fair Competition Tribunal established by section 83 of
the Fair Competition Act, 2003.

MAIN BODY
1.COURT MARTIAL; Its Establishment, Under National Defense Act1C.146.-(1) that, there
shall be a Court-martial Appeal Court, which established hear and determine all appeals
referred to it under this Part. There are also special courts in Tanzania, for instance the court
martial established by The National Defence Act, No. 24 of 1966 which deals with military
discipline2
The Composition of the Court-Martial; -(1) The President, and such military authorities as
may be prescribed in Defense Forces Regulations may convene General Courts-martial and
Disciplinary Courts-martial. authorities (2) An authority who convenes a court-martial under
subsection (1) may appoint or authorize the appointment as members of the court-martial officers
of the Defence Forces or officers of any navy, army or air force who are attached or seconded to
the Defence Forces.
A. General Court-Martial; A General Court-martial shall consist of not less than five
officers and not more than such maximum number of officers as per C.94.-(1) . And.
Such authority as is prescribed for that purpose in Defence Forces Regulations shall
appoint a person to officiate as Judge Advocate at a General Court-martial as per C95 of
the National Defence Act3.
B. Disciplinary Court-Martial; A Disciplinary Court-martial shall consist of not less than
three officers and not more than such maximum number of officers as per C99 of the
National Defence Act4.

1
24 of 1966.
2
UN CERD (2004) International Convention on the Elimination of all forms of Racial Discrimination,
CERD/C/452/Add.7.page 12.
3
24 of 1966
4
24 of 1966
 C. A Standing Court-Martial; this court has the following power, Subject to any
limitations prescribed in Defence Forces Regulations, a Standing Court-martial may try
any person under the rank of Major who under Part I of this Code is liable to be
charged, dealt with and tried upon a charge of having committed a service offence, but a
Stand
D. Powering Court-martial shall not pass a sentence including any punishment higher in
the scale of punishments than imprisonment for a term not exceeding two years.
Procedures of the Court-Martial; This Court fall under the different procedures to reach its
decisions. The decision based on the majority votes as per C.116(1) 5 Subject to this section,
the finding and the sentence of a court-martial and the decision in any other matter or
question arising after the commencement of the trial shall be determined by the vote
Majority vote of a majority of the members. The appeal to the Court-Martial Appeal shall be
based on (1) Subject to subsection (2) of this section and subsection (3) of section C.144 6 of this
Code, every person found guilty of an offence by a court-martial may appeal(a) to the Court-
Martial Appeal Court against the finding or against the legality of the sentence; and (b) to such
authorities as may be prescribed in section C.145 of this Code, against the severity of any
sentence.
2.WARD TRIBUNAL; The Ward Tribunal is established by the Law, and also legalized by the
special Act, through the provision of section 3 of the Ward Tribunals Act 7 that, in each ward if it
is possible there shall be a ward tribunal. ‘There is hereby established a tribunal for every ward
in Tanzania to be known as the Ward Tribunal for the ward for which it is established’:
However, the provision of Land Disputes Courts Act derives the power of establishing the Ward
Tribunal through the provision of section 10(1) that, ‘Each Ward Tribunal established under the
Ward Tribunals Act shall be a Court for the purpose of this Act, the Land Act and the Village
Land Act and shall have jurisdiction and powers in relation to the area in which it is
established’.
The Composition of the Ward Tribunal is; Firstly, there shall be between 4 up to 8 members
and among them members shall be 3 women. They are elected by the Ward Committee of each
ward tribunal exist. Section 11 of the Land Dispute Courts8 Act directs the mandatory
requirements that, ‘Each Tribunal shall consist of not less than four nor more than eight
members of whom three shall be women who shall be elected by a Ward Committee as provided
for under section 4 of the Ward Tribunals Act’. Also the person elected to be a member shall be a
resident of that Ward, this supported by section 4(1)(a) of the Ward Tribunal Act 9 That, a list of
names of persons resident in the ward compiled in the prescribed manner; And there shall be a
Chairperson and Secretary of the Tribunal.

5
Of the National Defence Act 24 of 1966.
6
Of the National Defence Act 24 of 1966.
7
Cap 206 R.E 2002.
8
Cap 216 R.E 2019
9
Cap 206 R.E 2019.
The Powers of the Ward Tribunal is; As regarded by the Law, the Ward tribunal is directed its
powers and derives from the Law that, first one is to Order the recovery of Land in possession,
secondly is order to specific performance of a contract, third one is to make order of injunction,
fourth one is award damages and last one is to awards compensation. Notwithstanding the
provisions of section 23 of the Ward Tribunals Act, the Tribunal in proceedings of civil nature
relating to land may- (a) order the recovery of possession of land; (b) order the specific
performance of any contract; (c) make orders in the nature of an injunction both mandatory and
prohibitive; (d) award any amount claimed; (e) award compensation; under section 16(1) of
the LDCA10.
Procedure for mediation of Ward Tribunal is; The Tribunal shall in all matters of mediation
consist of three members at least one of whom shall be a woman. The Chairman to the Tribunal
shall select all three members including a convener who shall preside at the meeting of the
Tribunal. In the event of the equality of votes, the member presiding shall have a casting vote in
addition to his deliberative vote. The Ward Tribunal shall, immediately after settlement of a
dispute record the order of mediation.
3.DISTRICT LAND AND HOUSING TRIBUNAL; The Establishment of this Tribunal shall
be in accordance with the Land Disputes Courts Act 11, In each District there is this Tribunal and
its established in each District belong to. Through Section 22(1). The Minister shall, subject to
section 167 of the Land Act and section 62 of the Village Land Act, establish in each district,
region or zone, as the case may be, a court to be known as the District Land and Housing
Tribunal. Section 22(2) regards that, the court established under subsection (1) shall exercise
jurisdiction within the district, region or zone in which it is established.
The Composition of the District Land and Housing Tribunal; Here there shall be at least a
One Chairperson and two assessors. Chairperson shall be appointed by the Minister responsible
for the Land matters ‘shall be appointed by the Minister from amongst legally qualified persons’
as provided under section 25(1)(2) and (3) of the Land Disputes Courts Act 12and shall take oath
to the Judge of the High Court except if the Resident Magistrate elected to perform that duties.
Also there shall be a registrar as may have appointed by the President, there shall be a Registrar
who shall be appointed by the President per section 28(1) of the LDCA.
The Powers of the District Land and Housing Tribunal; A District Land and Housing
Tribunal hearing an appeal may- (1) confirm the decision; (2) reverse, or vary in any manner the
decision; (3) quash any proceedings; or (4) order the matter to be dealt with again by the Ward
Tribunal, and may, if it deems appropriate, give an order or direction as to how any defect in the
earlier decision may be rectified. And may, The District Land and Housing Tribunal shall
immediately after making the decision on appeal, record the decision and the reasons thereof.as
per section 35(1) and (2) of the Land Dispute Settlement Act13.

10
Cap 216 R.E 2019
11
Cap 216 R.E 2019.
12
Cap 216 R.E 2019.
13
Cap 216 R.E 2019.
The Procedures of the District Land and Housing Tribunal; The tribunal shall sit with in the
local limit of its Jurisdiction wherever it seems to be fit, and the parties shall be called upon. As
well as the parties may be presents by itself or in the presence of an advocate. As per section 30
of the Land Dispute Courts Act14, Proceeding of the District Land and Housing Tribunal shall be
held in public and a party to the proceedings may appear in person or by an advocate or any
relative or any member of the household or authorized officer of a body corporate. The language
may be Swahili or English.
This tribunal may have original Jurisdiction, Pecuniary Jurisdiction and Appellate Jurisdiction.
4.ENVIRONMENTAL APPEALS TRIBUNAL; This tribunal is established by the
Environmental Management Act15, through section 204 that 204.-(1) There shall be established
the Environmental and Appeals Tribunal:
The Composition of the Environmental Appeals Tribunal; There shall be a Chairman who
appointed by the President by the qualification to be a Judge of the High Court as its Provided
under section 204(1)(a)16of the Environment Management Act17, that Chairman who shall be
appointed by the President of the from amongst the persons qualified to be appointed a Tribunal
Judge;. Also, there shall be an Advocate of the High Court as he/she nominated by the TLS.
However, there shall be another member who has the academic qualifications about the
environmental Law and the other two members. As per section 204(1)(a-d) of the Environmental
Management Act18.
The Powers of the Environmental Appeals Tribunal; as per section 208(1) of the
Environmental Management Act19 states that, The Tribunal shall, after hearing the appeal or any
matter referred to it by the Council: Awards of the Tribunal
(a) inquire into the matter and make an award in form of a directive, order or recommendation;
notify concerned parties of the award; and(b) (c) specify the period within which the award is to
be complied with.
And, 208(2) The award of the Tribunal shall be binding and may be enforced as if it were a
decree of the court.
The Procedures of the Environmental Appeals Tribunal; The Tribunal may, for purposes of
proceedings before it: (1) make such orders intended to secure the attendance of any person at
any place where the Tribunal is sitting, (2) make such orders for discovery or production of any
document concerning a matter, before it or the investigation of any contravention of this Act as it
deems necessary or expedient; (3) take evidence on oath and may, for that purpose, administer
oaths; and

14
Cap 216 R.E 2019
15
2004.
16
2004.
17
2004
18
2004.
19
2004
5.THE FAIR COMPETITION TRIBUNAL; Establishment, This tribunal is established by
the Fair Competition Act20 that, ‘There shall be established an independent tribunal which shall
be known as the Fair Competition Tribunal to exercise the functions conferred upon it by this
Act’ this is a legal tribunal.
The Composition of the Fair Competition Tribunal; There shall be the Composition of the
Peoples who are holding the Office under the Leadership of the Chairman who is appointed by
the President and HE/SHE shall have the qualifications to hold the as a Judge of the High Court,
and its appointment by the president is the result of consultation with the Chief Justice of
Tanzania.as per section 83(2)(a)of the Fair Competition Act 21 that, a Chairman who shall be a
person holding the office of a Judge of the High Court appointed by the President after
consultation with the Chief Justice, and shall serve on part time basis;
And there shall be a six members who are appointed by the President after the consultation with
the AG, the members are the result of the Nomination Committee as provided under section
83(2)(b) of the Fair Competition Act 22 six other members appointed to serve on part time basis
by the President after consultation with the Attorney-General from candidates nominated by a
Nomination Committee established under sub-section (4) of this section. They shall hold office
in the term of three years.
The Powers of the Fair Competition Tribunal; This tribunal has the following powers The
Tribunal shall in the discharge of its functions have all the powers of the High Court in respect
of;
(1) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
(2) compelling the production of documents; and (3) the issue of a Commission or request to
examine witnesses abroad. As provided under section 85(5)(a)(b) and (c) of the Fair Competition
Act23.
The Procedures of the Fair Competition Tribunal; The tribunal considering the following. -
(I) The parties to an appeal may appear before the Tribunal on appeals either in person or by an
advocate. to the Tribunal (2) The costs of the appeal shall be at the discretion of the Tribunal.
(3) The Tribunal may, if it considers it is in the interest of the parties or of any of them and is
not contrary to the interest of other persons concerned or the public interest, order that a hearing
or any part of it shall be held in camera. (4) The Tribunal may make an order prohibiting the
publication of any report or description of proceedings or of any part of proceedings before it
(whether heard in public or in camera) but no such order shall be made prohibiting the
publication of the names and descriptions of the parties to an appeal or a decision of the
Tribunal as per section 90(1-4)of the Fair Competition Act24.
CONCLUSION

20
2003
21
2003.
22
2003.
23
2003.
24
2003.
Both Court-Martial, Ward Tribunal, Land Dispute and Housing Tribunal, Environment Appeals
Tribunals and Fair Competition Tribunal are there and created in order to ensure the
Administration of Justice. However, somehow they lack some qualities like other Courts and
sometimes they are seeming to undermine the Equality before the Law, one of it is Court-
Martial. Because the militaries have its own Court apart from Normal Courts while all Person are
equal before the Law as provided by the Constitution of the United Republic of Tanzania of 1977
as amended from time to time.
 REFERRENCES
ARTICLE
UN CERD (2004) International Convention on the Elimination of all forms of Racial Discrimination,
CERD/C/452/Add.7.page 12.

ACTS
The Environmental Management Act, 2004.
The Fair Competition Act,2003.
The Land Disputes Courts Act Cap 216 R.E 2019.
The National Defence Act,1966.
The Ward Tribunals Act Cap 206 R.E 2019